By Chuck Roulet, Estate and Elder Law Attorney | Licensed in Florida and Minnesota
This question comes up in my office constantly — and the families asking it almost always believe the answer is yes. They assume that once a parent is in a nursing home or memory care facility, the money is gone and nothing can be done.
In many cases, they are wrong. And the difference between calling us and not calling us can be hundreds of thousands of dollars.
"Crisis Medicaid Planning" Is a Real Thing
There is a branch of elder law practice specifically devoted to families who find themselves in a care situation without advance planning in place. Elder law attorneys sometimes call this crisis Medicaid planning — and while it is significantly more limited than planning done years in advance, it can still produce meaningful results.
What is available depends on several factors: whether your parent is married or single, what assets they still have, what state they live in, how long they have been receiving care, and whether a Medicaid application has already been filed.
If Your Parent Is Married: The Community Spouse Rules
Federal law provides significant protections for the spouse of a Medicaid applicant — called the community spouse — specifically to prevent them from being left impoverished while their partner receives government-funded care.
The community spouse is entitled to keep a portion of the couple's combined assets, known as the Community Spouse Resource Allowance. In Minnesota and Florida in 2026, this amount is up to approximately $162,000.
The community spouse is also entitled to a minimum monthly income allowance, which means Medicaid cannot simply take all of the ill spouse's income to pay for care, leaving the healthy spouse with nothing to live on.
An elder law attorney can help maximize these protections — in some cases, through legal strategies that allow the community spouse to keep more than the standard allowance. This is complex planning that must be done carefully, but the financial impact can be substantial.
If Your Parent Is Single: What Can Still Be Done
For a single individual already in a care facility, the options are more limited but not always gone. Depending on the state and the specific circumstances, some strategies that may still be available include:
- Restructuring remaining assets into exempt categories
- Paying off legitimate debts or expenses
- Pre-paying funeral and burial expenses up to allowable limits
- Caregiver agreements compensating family members who provided care
- Converting countable assets into exempt assets where permitted by law
None of these strategies are one-size-fits-all. Each requires a careful analysis of the specific facts by an experienced elder law attorney. But the potential to protect even a portion of remaining assets — or to ensure the community spouse is not left broke — makes the conversation worth having.
The One Thing You Should Never Do
Do not begin transferring or giving away assets without speaking to an elder law attorney first. Medicaid looks back at all financial transactions made during the five years before an application. Gifts and transfers made without legal guidance can trigger penalty periods — periods of ineligibility that force the family to pay privately for care even when they have already run out of money to do so.
I have seen families make well-intentioned moves that cost them far more than they saved. The rules are specific and the stakes are high. Get professional guidance before doing anything.
The Bottom Line
If your parent is already in a nursing home or memory care facility, call an elder law attorney before you do anything else. Do not assume it is too late. In nearly 30 years of practice, I have helped families find meaningful protections even in difficult, late-stage situations. The families who call us almost always have more options than they expected.
For a full breakdown of Medicaid rules, the lookback period, and advance planning strategies, click here to read our complete guide.
Ready to Protect Your Family? Call Us Today.
If your family is facing this situation right now, the most important step you can take is a conversation with an experienced elder law attorney. There is no obligation and no pressure — just clear answers about what is still possible for your family. Call us today to schedule your consultation.
Florida Office (Sarasota County, FL): 941-909-4644
Minnesota Office (Minnetonka, MN): 763-420-5087
Or fill out the contact form on this page and a member of our team will reach out to schedule your consultation.
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Chuck Roulet is an estate and elder law planning attorney at Roulet Law Firm, P.A., with offices in Minnetonka, Minnesota and Venice, Florida. He is licensed in both states and has nearly 30 years of experience helping families protect their homes, life savings, and legacies.
This page is for informational purposes only and does not constitute legal advice. Please consult a licensed attorney about your specific situation.
